Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-09-15
non. MATTHEW JOHNSTON,

A meeting of members of the bar prdctic-
ing in the Supreme Court of Appeals was
held in the court room on Monday afternoon
to take appropriate action in memory OF
Hon. Matthew Edmiston, Of Lewis county,
who died on tle both day of June. Col.
Robert White, Of Wheeling, was called to
the chair and the following preamble and
resolutions were presented by Hon. d. B.
Lucas and adopted after remarks by Judges
Johnson and y DIS and A. E. Kennedy,
Esq.
WHEREAS, since the last meeting of the Su-
preme Court of Appeals of this State the Hon.
orable Matthew EdmistOn, formerly men,
Der of the Court, has departed this life at his
late residence in Weston, in Lewis county
and whereas the members of the bar practicing
I'm this court and now in attendance upon its
session have deemed it due TO the memory OF
our deceased brother to give public expression
TO our high appreciation of his character ana
talents and of our sincere regret at his decease
and the consequent loss to the bar of this State,
be it
Resolred, l. That before his advent to the SUI
preme bench of the State, and especially while
| he occupied and adorned that elevated posi-
/ ton, Judge Edmiston illustrated and displayed
all of the higher qualities which combine TO
constitute the truly judicial mind; perfectly
| impartial, severely analytic, and OF a trained
and discriminating judgment His opinions,
rs embodied in our reports are brief, clear
and comprehensive and may well serve as mod
els of the judicial style His retiring DISPOSE
ton declined all attempts at official elevation
and as his first appointment was unsolicited,
so with characteristic modesty he declined all
further candidature for that or any other posi-
| ton.
2. Resol,ed that the Supreme Court of APP
peals be requested to enter of record these res
Olutions as permanent testimonial of the bar
| of West Virginia to the memory of our distin-
| guished brother.
3. Resolucd that the Supreme Court Of APP
peals be requested tO. communicate this action
to the family of the deceased and that the press
of the State be requested to publish the same.
On Tuesday morning, September 18th, at
the opening of Court, Col. White, after a
few eloquent and touching remarks, pre-
scented the foregoing resolutions, and in or
dering them to be placed upon the record
johnson, President, said:
We are again reminded that death is no re-
specter of persons. The lawyer at the bar, the
>lklLDE 1T Ills cllt fbA tAiN 'NiAN4i
are alike liable at any moment TO be stricken
by the shaft of this inSatiate archer. All must
sooner or later fall before the unerring aim OF
this dread marksman. For three score and ten
years our friend escaped the deadly shaft, but
AT last after many years of feeble health he
was stricken down But he yielded up his life
only when his work was well done His was
life Of great activity Born and reared in
the western part Of Virginia his mind possess
ed the sturdy characteristics which were I'M
pressed by his peculiar surroundings. He who
from early childhood breatheS the pure noun
tain air and looks constantly upon the grand
est works of Nature, generally possesses a more
vigorous mind than one born and reared IN the
lOWlands or in the city. Judge EdmiSton gave
early promise that he would adorn his chosen
profession lie was q successful lawyer. In
lS5l he was elected to the bench in the nine
tecnth circuit Of Virginia over his distinguish
cd competitor Gen. John J. Jackson, of Par
kersburg lie served the people faithfully and
with marked ability as q circuit Judge. lie re-
tired from the bench in 1850 Just rs the dark
clouds of civil war were about to burst upon
the country. He praCticed his profession du
ring the period of the war and at its close did al
he could to bring harmony out of the discord
then prevailing in the State. Chosen by his
county member of the constitutional cOnven
ton of 1872, i'll health prevented him from Ia
king his seat in tina, assembly. In 1876, in the
month of May, Judge John ;. Hoffman OF the
Supreme Court of Appeals resigned his office
the term of which would expire on the lst day
of January, 1877, and the Governor appointed
Judge Edmiston to fiji the uneXpired term
He took his seat on this bench at the June
term 1876 and worked constantly until in De
cember of that year and in that time the Court
wrote the 9th Volume of the West Virginia
Reports, in which all the opinions written by
Judge Edmiston will be found Those Opin-
ions speak for themselves they are concise
and eyinoe judicial talent of high order. In
every position the Judge was called TO I'LL he
! was fully equal to its requirements. His mino
was bright and strong, his analytical faculty
was great his perception was keen and his
power of generalization and condensation was
, conspicuous. While on the bench both cir
cult and supreme, there was one quality which
is essential TO the acceptable judge which dis
played itself with great prominence in him
an innate love of justice; TO which standard o
right he would come if through the entangle-
ments of conflicting evidence It was possible
to find it,. He was q just, able and upright
judge.
Judge Edmiston was kind father, an atiec
Tomato husband, and a citizen who always
>tryed to 30 his whole duty. Dying, he lief
to his stricken family and to al who knew
him conclusive evidence that for him dealt
had no sting and over him the grave no victory
The resolutions will be spread upon the re
cord Of the court and the clerk is directed L
send copy thereof to the family of the de
| ceased